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Statutory Instruments of the Scottish Parliament


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SCOTTISH STATUTORY INSTRUMENTS


2005 No. 305

WATER

The Nitrate (Public Participation etc.) (Scotland) Regulations 2005

  Made 2nd June 2005 
  Laid before the Scottish Parliament 3rd June 2005 
  Coming into force 25th June 2005 

The Scottish Ministers, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972[1] and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement
     1. These Regulations may be cited as the Nitrate (Public Participation etc.) (Scotland) Regulations 2005 and shall come into force on 25th June 2005.

Amendments to the Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996
    
2.  - (1) The Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996[2] are amended in accordance with the following paragraphs of this regulation.

    (2) In regulation 2(1) (interpretation)-

    (3) After regulation 6 (action programmes) insert-

Amendment to the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002
    
3. In regulation 2(1) of the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002[4], in the definition of "code of good agricultural practice", for "Nitrogen and Phosphorous Supplement published in 2001 by the Scottish Executive which are aimed at reducing pollution by nitrates" substitute "which are aimed at reducing pollution by nitrates and which was issued by the Scottish Ministers on 11th March 2005, having been approved by virtue of the Water (Prevention of Pollution) (Code of Practice) (Scotland) Order 2005[5]".


ROSS FINNIE
A member of the Scottish Executive

St Andrew's House, Edinburgh
2nd June 2005



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations amend the Protection of Water Against Agricultural Nitrate Pollution (Scotland) Regulations 1996 ("the 1996 Regulations") and the Designation of Nitrate Vulnerable Zones (Scotland) Regulations 2002 ("the 2002 Regulations").

Regulation 2 amends the 1996 Regulations, principally to give effect to the requirements of Article 2 of Directive 2003/35/EC of the European Parliament and of the Council on public participation in respect of the drawing up of certain plans and programmes relating to the environment (O.J. No. L 156, 25.6.03, p.17). Regulation 2 gives effect to Article 2 in respect of action programmes for nitrate vulnerable zones required by virtue of Article 5(1) of Council Directive 91/676/EEC concerning the protection of waters against pollution caused by nitrates from agricultural sources (O.J. No. L 375, 31.12.91, p.1).

The website of the Scottish Ministers on which they are required to publish information on public participation in action programmes is
www.scotland.gov.uk.

Regulation 2 also amends the 1996 Regulations to refer to the updated version of the Code of Good Practice for the Prevention of Environmental Pollution from Agricultural Activity issued by the Scottish Ministers on 11th March 2005. Regulation 3 makes a similar amendment to the 2002 Regulations.


Notes:

[1] 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3). The function conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as within devolved competence, was transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.back

[2] S.I. 1996/1564, amended by S.I. 1998/2927, S.S.I. 2000/96 and 2002/276.back

[3] S.S.I. 2005/63.back

[4] S.S.I. 2002/276.back

[5] S.S.I. 2005/63.back



ISBN 0 11 069598 4


 © Crown copyright 2005

Prepared 9 June 2005


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URL: http://www.bailii.org/scot/legis/num_reg/2005/20050305.html